Articles 206–213 of the criminalize the performance, facilitation, and promotion of female genital mutilation (FGM). Article 206 provides for a penalty of 3 to 5 years in prison. Article 211 penalizes incitement, promotion, or dissemination of FGM-related material, with 12–24 months’ probation or a fine. Aggravated circumstances apply if the offense results in death or involves a minor or vulnerable person.
Two parents sought the assistance of a non-identified female in carrying out a circumcision of their daughter, then aged 21 months and 25 days. The infant’s parents proceeded to assist the non-identified female in the act by immobilising their child throughout the operation. The child subsequently suffered from an external hemorrhage caused by an aperture of the wound, causing anaemia and loss of appetite. The infant’s parents did not at this stage bring the child’s critical condition to the attention of a doctor or emergency services. The child died shortly thereafter.
Under South Dakota Codified Laws § 22-18-37, knowingly circumcising, excising, mutilating, or infibulating the genitalia of a female under the age of 18 is a crime. This includes consenting to, permitting, or arranging such conduct, including transporting a minor out of state for the procedure. The offense is classified as a Class 4 felony, which is punishable by up to ten years in prison, a fine of up to $20,000, or both.
